Legal

Terms and Conditions.

These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and C-Media Global Services Inc. dba Urban Racks Bicycle Parking Systems (“Urban Racks”, “us” and “our”), a British Columbia corporation with offices at 20381 62nd Avenue Building 3 Langley City, BC V3A 5E6. These Terms govern your access to and use of our website (“Site”) and mobile applications (the “Apps” or each individually an “App”), as well as any services provided through the Site or the Apps (such services, together with the Site and the Apps are, collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.

The Services include design and installation of long-term bike parking solutions, including secure automated bike parking systems. Certain features of the Services may be provided by third-party contractors including Adyen Canada and Bikeep OU and the App, the online administrative panel, smart locking technology, software and database management services and end-user app support services.
Adyen Canada provides merchant payment processing for Urban Racks and the Bikeep mobil app.
Bikeep OÜ in North America, located in San Francisco, CA, has granted a license for Urban Racks (C-Media Global Services Inc.) to deliver the Bikeep App to key strategic clients in North America.

Changes to Terms and Conditions

Urban Racks reserves the right to change these Terms at any time. The most current version will always be posted on our Site at Terms & Conditions | Urban Racks and Privacy Policy | Urban Racks. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

No Endorsement of Third Party Content

The Services may contain links to third-party websites or services that are independent of and not controlled by the Urban Racks. The inclusion of such links does not imply endorsement of such sites or any content, information, material, products or services provided on such sites. Your use of the linked sites may be subject to terms and conditions in these websites, which you should locate and review. The Urban Racks has no control over and expressly disclaims any liability for these websites or their content.

Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE URBAN RACKS DOES NOT ACCEPT LIABILITY FOR ABANDONED, STOLEN, OR DAMAGED BICYCLES.

In no event shall Urban Racks or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages arising out of or in connection with the use or inability to use the Website, the Apps, or

the Services, whether or not such damages might be foreseeable and even if Urban Racks has been notified of the possibility of such damage. This disclaimer of liability applies to any damages or injury of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Limited License

Solely for use in connection with the Services, the Urban Racks grants you a limited, nontransferable, nonexclusive, revocable license to access the Services and make personal use of the Services. The license extends only in connection with your access to and participation in the Services and only in a manner that complies with all legal requirements that apply to you or your use of the Services.

Without limiting the generality of the foregoing, unless explicitly authorized by the Urban Racks, you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, tra

TERMS & CONDITIONS

de mark, trade name or other proprietary property of Urban Racks or any other party who owns or has proprietary rights to the content, information and materials provided on the Site or Apps. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted in these Terms.

The Urban Racks may revoke this license at any time, in its sole discretion. Upon revocation, you may not access or use the Services, and you must delete all copies of the Apps or other software from your devices. Any unauthorized use automatically terminates the permission or license granted by the Urban Racks.

Preservation of Intellectual Property Rights

All content that forms part of the Site, Apps or Services, including but not limited to software, images, text, graphics, illustrations, logos, photographs, audio, videos, and music are subject to intellectual property rights including copyright and trademarks held by or licensed to the Urban Racks. All rights are expressly reserved. Use of any such content, except as expressly authorized, shall constitute a violation of the rights of the Urban Racks or its licensor.

Collection of Personal Information and Privacy

You acknowledge and agree that when you download, install, or use the Site, Apps or Services, the Urban Racks may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, using or accessing the Services or certain of features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information the Urban Racks collects through or in connection with this Application is subject to our Privacy Policy located at http://www.urbanracks.com/privacypolicy/. By downloading, installing, using, and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Account Registration

You may be required to register for a password-protected account (“Account”) to use the Apps and / or access the Services. You must provide accurate, current, and complete information during registration and at all other times when you use the Services, and update information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your Account credentials and authentication measures, and you agree to notify us immediately in the event of any unauthorized use of your Account.

Suspension or Termination of Services & Account

The Urban Racks reserves the right to modify, suspend, or terminate the Services or your Account at any time in its sole discretion, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may cancel your use of the Services and/or terminate your Account at any time by emailing sales@urbanracks.com or by calling our support line +1 (888) 717-8881 (available Monday – Friday 9am – 4pm PST). Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Account records or activity, unless otherwise required, and to the extent required, under applicable law.

Payments

The Services, and in particular the Apps, may require payments from you in order to utilize certain functions. Such payments shall be displayed to you prior to purchase. You may provide us with a method of payment (either a bank/ credit card or pre-paid account), and by doing so, you represent and warrant that you are authorized to use that method of payment. You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any payment and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with your use of such payment provider for use of the Services.

You are responsible for all activity in your Account, including payment transactions. When a payment transaction is initiated in your Account, you authorize us to process the applicable fees by charging any payment method you provide us. If you do not have a valid form of payment transaction, you may not have access to all Services. We also reserve the right to suspend or terminate your Account if your payment method is declined or if we suspect any fraud on your Account. If you have stored payment information with us, you agree to keep such payment information accurate, current, and complete. We are not responsible if your access to the Services is limited based on inaccurate payment information.

We use a third-party payment provider for processing payment transactions. The third-party payment provider may impose insufficient funds, charges or other fees. We are not responsible for your interactions with third-party payment providers or for any charges or fees they may impose. When you use any of the Services that require payment, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total for your transaction. Your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your use of the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

Refunds & Cancellation

If you think there has been a billing or accounting error, please contact the Urban Racks by emailing sales@urbanracks.com or by calling our support line +1 (888) 717-8881 (available Monday – Friday 9am – 4pm PST). If you are entitled to a refund for any reason for the Services, you agree to accept credits to your Account in place of cash.

If you close your Account, unless you owe fees, we will provide you with a refund of any amounts credited on your Account. We may, for example, request your mailing address so we can send you a refund check by mail. We are not responsible for failed deliveries of any refund check, e.g. if you provide us with the wrong mailing address or do not update your mailing address with us. Please allow up to 6 weeks for a refund. We will refund the money to the payment method you designated, by check, or as otherwise deemed reasonable in our discretion.

Governing Law and Jurisdiction

Due to the nature of the Internet, it is not possible for Urban Racks to restrict access to its Website only to those jurisdictions in which it does business. Some of all of the products and services offered on this Website may not be eligible for solicitation in your jurisdiction. If you are accessing this Website from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Urban Racks. The Website and Apps are controlled and operated by the Urban Racks from its offices in British Columbia, Canada. Urban Racks makes no representation that any of the Services or materials contained therein are appropriate or available for use in other locations.

This agreement shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. The parties hereby attorn to the jurisdiction of the courts of British Columbia. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. These Terms, together with the Privacy Policy and any other legal notices, amendments, and additional agreements or policies published by the Urban Racks with respect to the Services constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Passport’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Privacy Policy.

C-Media Global Services Inc.
dba Urban Racks Bicycle Parking Systems (“Urban Racks”, “our” or “we”)
Privacy Policy
Last updated March 25, 2021

Your privacy is critically important to us.

This privacy policy discloses Urban Racks’ practices and policies regarding the collection, use and disclosure of personal information that we may collect or that you may provide when you purchase, download, install, register with, access, or use the Urban Racks mobile application (the “App”) or the Urban Racks website at http://www.urbanracks.com (the “Site” and together with the App, the “Services”).

By downloading, registering with, or using the App or by accessing the Site, you consent to the terms of this policy. If you do not agree with this policy, do not download, register with, or use the App or access the Site. This policy may change from time to time and the most current version will be posted on the Site. Your continued use of the App or access of the Site after we make changes is deemed to be acceptance of those changes.

Personal Information We Collect from You

When you download, register with, or use the App or access the Site, we may collect certain personal information. That information includes:

1. your name, address, phone number, email address, or IP address;

2. records and copies of any correspondence

3. details of transactions you carry out through the App or the Site

4. financial information

Automatic Information Collection

Users also should be aware that non-personal information and data may be automatically collected through the standard operation of our Internet servers or through the use of “cookies” or similar technology. Cookies are small text files containing a unique identification number that identifies your browser – but not you – to our servers each time you visit our Site or use our App for the purpose of displaying personalized content, appropriate advertising and store your preferences on your computer.

Cookies are not pervasive or invasive programs that enter a user’s system and damage files. Cookies cannot, by themselves, disclose the individual identity of any site user, and we never combine information gathered by a cookie with personally identifiable information like your name, telephone number or email address, without your consent. Urban Racks uses cookies to help Urban Racks identify and track visitors, their usage of the Site or App and their access preferences.

You should be aware that Urban Racks cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for Urban Racks. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or

accept the cookie feature; however, you should note that the Services may not function properly without the aid of cookies.

How We Use Personal Information

Personal information is collected and used for a number of purposes:

• To establish and maintain a commercial relationship with you and to provide you with products and services. Personal contact and credit card information is required to process your purchases. Account information is retained by us to enable our Services to identify you, to allow you to set up and access your account and use the features of the App or Site. This information is used only for these purposes and is only retained in transaction records required for internal management and auditing purposes, unless you are informed otherwise or you provide your consent.

• To understand your needs and preferences. We maintain a record of the products and services you receive from us, and we may ask you for additional information so that we can serve you better.

• To provide you with information you have requested, and to keep you informed with respect to ongoing changes to the Site or the App. Your email address will be used to send you our newsletters and mailings IF YOU HAVE REQUESTED US TO DO SO. This option is available when you set up your account. You can withdraw your consent for such mailings at any time by contact us as set out below.

• To develop, enhance or provide new products and services. We may from time to time conduct surveys and research, requesting input from our visitors to help us improve our Site, App, products and services in an effort to serve you better. Your participation in such surveys is voluntary, and in some cases you may have the option to participate anonymously. However, your name, address, email and telephone number may be required to take advantage of bonuses or other benefits which are available to survey participants, in which case your contact information will only be used for notification and fulfillment purposes.

• To manage and administer our business. Urban Racks collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Urban Racks’ purpose in collecting non-personally identifying information is to better understand how Urban Racks’ visitors use its Services. From time to time, Urban Racks may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Services.

• To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law.

If we intend to use personal information for purposes not identified to you or as set out above, these other purposes will be described to you at the time of collection or before using the information. We will not use your information for any other purpose without your consent.

Disclosure of Personal Information

Urban Racks is not in the business of selling customer information to others. Our customer information is not available for sale to any outside entity. We contract with third parties to fulfill certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing and maintaining site

content, processing credit card payments, and providing customer service. These agents have access to customer information only as required in order to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.

We also work closely with our affiliates, and in some cases we offer services jointly with these affiliates. When you purchase services that are provided jointly by Urban Racks and one of its affiliates, we share our customer information with that affiliate with respect to your purchase.

Customer information is a valuable business asset. If for any reason Urban Racks transfers or divests itself of its business assets, our customer information will be transferred as one of those business assets.

Urban Racks will release customer information to the appropriate law enforcement, governmental or other authorities if legally required to do so. Urban Racks will also release such information if we feel it is necessary in order to protect our rights or the rights of our customers, affiliates, partners or any other party and for purposes of protection from fraud and credit risk.

External Links

The Urban Racks Site and Apps may contain links or references to other websites to which this privacy policy does not apply. These sites are not owned or controlled by Urban Racks, and Urban Racks is not responsible for the collection, use and disclosure of personal information or the privacy practices of other organizations or other websites to which the Services may refer visitors or provide links for. When submitting personal information on such other websites, we encourage you to read the privacy policy of those sites.

Non-Secure Areas

You should be aware that if you voluntarily disclose personally identifiable information (e.g., user name, email address) on non-secure areas of the Services, that information can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Urban Racks.

Security

We store subscriber and password information on our Services in a secure manner. We store such information in a manner not accessible to Web browsers, behind firewall and password protection, or offline.

This site has security measures in place (including the use of Secure Socket Layers (“SSL”) encryption technology) to protect the loss, misuse and alteration of the personal information under our control. All order forms are encrypted and are transmitted via a secure server.

Remember that no method of transmission over the Internet or mobile platforms is 100% secure. While we make every effort to protect your personal information, we cannot guarantee the security of any personal information transmitted through our App or the Site. Any transmission of personal information is at your own risk.

Data Retention and Storage

Urban Racks retains your personal information for business purposes, for as long as your account on the App or Site is active, and/or as long as is reasonably necessary to provide you with our products and services. Urban Racks will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time. At any point in time, you can withdraw consent and we will immediately stop processing your data.

Updating Your Personal Information

If you wish to update your personal information, log into the App or your account on the Site and visit your account profile page.

Opt-Out Option

Upon request, Urban Racks will allow any user to “opt out” of further promotional contacts at any time. Also, upon a user’s request, Urban Racks will use commercially reasonable efforts to functionally delete the user and his or her personal information from our database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. You can email us at sales@urbanracks.com or call our support line +1 (888) 717-8881 (available Monday – Friday 9am – 4pm PST). to request that your account information be deleted from our servers.

Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (e.g., orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (e.g., when you provide information necessary for a service you have requested, or in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided). Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy policy, if applicable, or as otherwise described at the time of collection. You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice, however, please note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services.

Urban Racks does not collect, use or disclose your personal information other than as described in this privacy policy without your consent, unless permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example in response to a court order or subpoena, to comply with local or federal regulations, or to collect a debt owed to us.

Contacting Us

The Site and App are subject to the British Columbia Personal Information Protection Act and, in circumstances where Urban Racks is acting as a service provider to a public company, the British Columbia Freedom of Information and Personal Protection Act. If you have any questions or concerns about this privacy policy, or if you would like to review your personal information, you can contact us by email at sales@urbanracks.com or by calling our support line +1 (888) 717-8881 (available Monday – Friday 9am – 4pm PST), or by writing us at the following address:

C-Media Global Services Inc.
dba Urban Racks Bicycle Parking Systems
20381 62nd Avenue Building 3 Langley City
V3A 5E6
ATTENTION: Privacy Officer

Any dispute arising between the customer and Urban Racks with respect to privacy is subject to the terms and conditions of use and this policy, including limitations on damages and application of the laws of the Province of British Columbia, Canada.

If you have any questions about this Privacy Policy, please contact us via email or phone.

General Conditions.

Use of Urban Racks’ Bicycle Storage Facilities (“Storage Facilities”)

By using and accessing the Services you agree:

to use the Storage Facilities solely for the purpose of storing a bicycle and related clothing and equipment, if applicable;
to keep the interior of any locked Storage Facilities clean and free of garbage or other debris;
to provideaccess, upon reasonable notice, to any locked Storage Facilities for: for (i) periodic cleaning and maintenance, and (ii) inspection purposes, if required; and
that in the event that an emergency, locked Storage Facilites mat be accessed by law enforcementofficials, security personnel, Urban Racks or anyone authorized by Urban Racks.